Has a lessee who is not a member of an RTM the right to call an EGM?

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    #16
    I've noticed on the Agent's title deed that the description "Title Absolute" is assigned. Would this in anyway thwart the lessees' right to demand an RTM?

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      #17
      Originally posted by crumpetsfortea View Post
      I've noticed on the Agent's title deed that the description "Title Absolute" is assigned. Would this in anyway thwart the lessees' right to demand an RTM?
      Ok so we are not dealing with an RMC in any shape and form.

      The agent is therefore not an agent either, they are a leaseholder with a lease of the common parts/retained property or a head lease of the building.

      When reading title absolute is that in a lease and do you have a copy.

      In simple terms without seeing it you are going to be exercising RTM over the" Agent's" lease, and where it is a common parts lease, also most likely claim against the landlord/freeholder as well.

      Neither of the scenarios prevent the exercise of RTM.

      However as you will have seen the devil is in the detail.
      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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        #18
        It's occurred to me that if the 'agent' is a collective leaseholder of company members, then can the non members demand an RTM without the support of the members?

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          #19
          Originally posted by crumpetsfortea View Post
          It's occurred to me that if the 'agent' is a collective leaseholder of company members, then can the non members demand an RTM without the support of the members?
          Whoever asserts RTM must muster the required majority. A company member might join the RTM application, however a director or Officer would have to first resign- simple conflict of interest.
          Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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            #20
            I read on a government website that at least half of the lessees are needed for the process towards an RTM to begin. It's such a shame though because the members of the current company out number the non-members. I had hoped that support of members' was not needed given that they are effectively the collective landlord who will probably block such a change, although they would have been more than welcome to join the RTM as indeed the law requires if they so chose. I just can't understand how in a democratic country such as the UK, the law can allow for such an undemocratic system of management. I'm sure the current company was originally set up many years ago to give all the lessees control but it has many years down the line ended up denying almost half the lessees any say whatsoever. The company is also now even more difficult if not impossible to deal with than the real superior landlord because it has absolute control and cannot be challenged. It has created a rather nasty divide of them and us.

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